CF allotment thief part 2: the Battle of Barbara and the Beansprouts

[YaMuvva]

Hi all, sorry I didn’t get a chance to post the link to this in the last thread, but it filled up too quickly.

So, another update

DH and I sat and had a looooong talk last night. We poured over every option, the pro’s and cons and the best and worst case scenarios. We thought of every possible situation that could arise from each option and we made a decision this morning.

it was actually the best/worst case scenario talk that clinched it.
Best case scenario for selling it to her was we get a little bit of money. Worst case is we have no allotment and the house possibly devalues.

Best case scenario for if we shared the land is that she is a pleasant plot neighbour and isn’t bitter that we are on the land that used to be ‘hers’ and doesn’t try to boss us about. But worst case scenario is that she remains bitter and makes our lives hell, interferes and our allotment space becomes an unbearable place to be.

Best case scenario for if we keep it to ourselves is we have the enjoyment of a long awaited allotment, one that makes a massive difference to DH’s MH and our general life enjoyment. Worst case scenario is that we make a neighbour - who is smart enough to find another plot or use her own generous garden - cross.

We figured that the worst case scenarios for all 3 weren’t worth risking the absolute best case scenario could bring.

So we are kicking her off.

We discussed letting her wait some months before making her leave or until the end of the growing season around about the end of September. But that when you consider the weather, that would mean we wouldn’t truly be able to enjoy the allotment in good weather for a whole year. I know it can still be enjoyed in horrible weather but the thought of missing out on a whole entire summer of gardening, relaxing and recuperating just feels too long. She has also indicated she will fight us - well she can try and she won’t win so I’d rather the ‘fight’ was a short one not a long one

We went to the plot this morning (no Babs in sight!) and took a soil test, took pictures, used that app to mark the plots (thanks to PP for the tips), and measured it and took pictures of the measurements/readings. From what we can tell she has root veg, fruit and a little herb garden patch, all growing fairly well considering the time of year. We didn’t disturb anything

Going to call the home insurers today to see if we can get legal cover and reclaim costs from the previous owner so solicitors can write her a letter - if not we will just instruct our current solicitors and make the reclaim too. I know we could do a letter ourselves but I really think a legal middle man would be worth the money. We will take solicitors advice on how much notice to give her - but it won’t be long notice. No point, may as well rip the plaster off now. We won’t be offering to buy the shed as I don’t want to be beholden to Barbara or have her make out to others that we stole the shed. We want a clean slate, to pick our own items.

I do feel bad that Barbara will be losing something that is so dear to her and that her ‘sanctuary’ will be taken away but the bottom line is it does not belong to her and she has known this for 10 years. She could have spent that 10 years, or even just the nine months since the house went on the market, to find another sanctuary. We are being selfish, we have been through unimaginable struggles and it’s time to just live for ourselves not a random neighbour. If that makes us a pariah in the community I can take it.

DH also messaged our police officer friend of ours this morning who said if the time comes to bin her stuff and dismantle the shed to call 101 and tell them “We are doing this, it’s our property and we will handle everything with care and bring it to her home” and then if she calls them saying we are stealing or damaging our property then we are one step ahead at least.

I think you are doing the right thing. You bought the property and it came with extra that you paid for. To me thats the end. What a stressful situation that was supposed to be a happy one.

When we reclaim the plot I’m having a MN allotment party. Yorkshire MNers and beyond are invited 🤣

I think your next problem could be Babs immediately reaching out to the Seller and concocting a story that actually the Seller sold it to Babs ...

I think you need to consider that possibility and now and formally get her to admit now to your solicitor that this isn't the case.

I understand a desire to smooth ruffled feathers - but equally I am very familiar with small village communities and the simple realities are:

• 'Barbara' knew what was going on (c.f. 1st post by OP)
• 'Barbara' has bizarrely decided a strategy of aggression when she was perhaps the one who needed to be gentler - after all she is the transgressor
• Whatever happens is irrelevant - 'Barbara' will feel hard done and all her cronies will think the same - rational thought doesn't come into it!
• Anyone else will totally understand the OP reclaiming the land she bought
• No-one is suggesting saucepans at night or flaming torches, but a basic formal communication with no emotion - my land - hop it by this date - thank you - will do!

If 'Barbara' had tried a different strategy it would be a different story - but admitting that you know the land is sold / not yours and then stating aggressively that you will fight is hardly a good starting point - I would be with the OP - no benefit in playing her game - simple, formal, to the point - hop it and any damage will see you in court. There are times for being nice, times for being aggressive and times for a boring official legal line - and that is now.

Oh I think I might need to have a business trip north 😁

Oh I agree. She must've known. I meant that if she tries to pretend the old owner hadn't told her, OP should just ignore her. Any conversation between Babs and the old owner still has no legal bearing on the outcome.

I think thread 3 should be dubbed "Babs is losing the plot!" 🤣

Does anyone actually read the thread:! 😁

As I posted above - there is no legal or logistical way in which they could do that - the OP has clean title to the property, you can't sell land like something on Facebook, "here is a crumpled tenner you write down here that the land is now mine..." - there is legislation to observe, a legal process to register the change in ownership and underlying it all is the need to actually own the land with the seller no longer owns or controls...

so, there is zero chance of that happening, it would be illegal in so many ways!

I agree as well. Although my reasoning is a desperate and prurient need for updates. As well, obviously, as a concern for your quandary OP 😊

Agree. And isn’t ‘due diligence’ in this case what you pay your conveyancing solicitor for ?

I too would have gone to have a look. As the OP and many others have said though, if I saw the garage full of stuff, I might well have assumed that it would be clear by the day of completion. She did agree vacant possession so would have quite justifiably made an assumption.

Same could be said of the additional land. Had she viewed, and with no Babs present, she could well have assumed it was just well maintained land.

In this instance, it is actually a quirk of good fate that the OP caught Babs on it. Had she not been there, the OP could have just carried on doing as she pleased only to have an even more disgruntled Babs appear later.

I think the OP does concede this point, and probably will make sure to look at all parts in future property purchases.

@YaMuvva if it's north Yorkshire I might come 😂

We're moving to a house with a plot right behind it. No Barbaras thank goodness!

Read this and your last post. Can't believe some of the replies you've had! Wonder if it's Barbara trolling. 🤣

I think you are right in your choice to ask her to leave. Better to get it over and done with.

Maybe she could use her own large garden that she actually owns as a sanctuary? 🙄

I am wondering about the possibility of putting some nature trail type cameras on the land after her official move out date. Just in case she tries anything to spoil the land for you.

I'm really surprised at some posters who are defending Babs. It is op's land! She bought it, paid actual money for it and is the legal owner ffs. Sorry Babs but that's life, she got something for free for 10 years good for her but it's over now.
Please please don't feel guilty op for making use of what is rightfully yours. And tbh if the neighbourhood get shitty about it then they are awful people and fuck them.

Totally agree they both knew what the seller was doing and they hoped the EA and then op wouldn’t notice. Count me in for the Allotment Party op!

Shamelessly posting so I don’t have to hunt for updates

I also can't believe the number of posters that think OP should just hand over her land.

Hard no.

And I highly doubt any of them would give away their own gardens because someone else felt it would be therapeutic/beneficial for them to have it instead.

Can you tell if any of your neighbours also have this extra bit of land/allotment? Or is it more randomly assigned than that?

I'm wondering if Barbara's house used to have one but it was sold before Babs bought her house?

Following for the entertainment

I hope you get the outcome you want without too much trouble but maybe send Babs my way? She can help on my plot as I’ve spent far too long at the end of a working day and then my weekends ankle deep in mud, fighting weeds, trying to keep squirrels off my strawberries (they are clever little monsters), outwit slugs off just about everything and stop birds helping themselves to any soft fruit I manage to grow and the squirrels haven’t already nabbed. The daily watering when we aren’t in monsoon season and have moved to an official drought is also a pain at the end of the working day. So yes, Babs is welcome to come and give me a hand anytime!

Lol, I work in welfare rights and seem to be the on-call service for friends, family and all their friends when anyone has a benefit issue.

I don't generally mind, and am usually happy to help, but at the end of a busy week it sometimes grates. But then I remember how often I pick builder BIL's brains about stuff that needs doing on the house, and mentally give myself a slap.

The house going on the market was the clue to Barbara that her (nice long) notice period was starting. And that’s if she didn’t know even longer than that, that it was going on the market, which she most likely did. Unless the prior owner was a bit scared of Barbara of course. She doesn’t sound like a poor, meek, shy woman being turfed (ha) off her borrowed land though.

Me too 😆

In true EastEnders Peggy Mitchell style, aka Barbara ,😂🌽Windsor I want to hear get outta my pub plot , followed by the der der dums

I am in Yorkshire and so up for this!!! :D

Its sad for Barbara, but on the up side she has had free use of it for the last 10 years. Its time for her to move on. Off you pop Babs!